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Insurance Claims & Bad Faith

DIY Uninsured Motorist Claim Guide (UM/UIM, 2025)

Hit by an uninsured or underinsured driver? Learn how to file and negotiate a UM/UIM claim with your own insurer without a lawyer.

## When the At-Fault Driver Has No Coverage

If you are hit by a driver who has no insurance or too little to cover your injuries, you turn to your own uninsured and underinsured motorist coverage, known as UM and UIM. These claims are filed with your own insurer, which changes the dynamics. This guide explains how to handle a UM or UIM claim yourself.

Understanding UM and UIM Coverage

These coverages step in when the at-fault driver cannot pay:

  1. **Uninsured motorist (UM):** covers your injuries when the at-fault driver has no insurance or in hit-and-run cases.
  2. **Underinsured motorist (UIM):** covers the gap when the at-fault driver's coverage is too low to cover your damages.

You pay for this coverage on your own policy, and it exists precisely for these situations. Check your declarations page to confirm you have it and how much. Our [injury claim resources](/injury-type) explain how these coverages apply to different accidents.

The Key Difference: Your Own Insurer

In a UM or UIM claim, you are negotiating with your own insurance company rather than the other driver's. This sounds friendlier, but it is not. Your insurer is still a business trying to minimize payouts, and now it is on the opposite side of your claim. Treat the process with the same caution you would a third-party insurer.

Step One: Confirm Your Coverage and Notify the Insurer

Start by:

  • Reviewing your policy declarations for UM and UIM limits.
  • Notifying your insurer promptly of the claim.
  • Following any notice requirements in your policy.

UM and UIM claims often have strict notice deadlines, sometimes shorter than the general statute of limitations. Missing a notice requirement can void the claim, so act quickly. See our [statute of limitations guide](/statute) for related timing rules.

Step Two: Document the At-Fault Driver's Lack of Coverage

To trigger UM or UIM, you must show the at-fault driver was uninsured or underinsured:

  1. Obtain proof the other driver had no insurance, or
  2. Document that their policy limits were exhausted or too low.
  3. For hit-and-run, file a police report promptly and document your efforts to identify the driver.

This proof is the foundation of a UM or UIM claim.

Step Three: Build Your Damages Just Like Any Claim

The damages in a UM or UIM claim are the same as in any injury claim:

  • Medical bills, fully documented.
  • Lost wages with proof.
  • Out-of-pocket costs.
  • Pain and suffering, justified by severity.

Gather your records, build your ledger, and calculate your value exactly as you would against a third party. Our [settlement guide](/settlement) walks through the components.

The Recorded Statement Question

Because this is your own insurer, your policy may require cooperation, which can include a statement. Even so:

  1. Stick strictly to facts.
  2. Do not speculate or minimize your injuries.
  3. Prepare before any statement.
  4. Do not discuss settlement value.

Cooperation does not mean undermining your own claim. Be careful and factual.

Step Four: Negotiate With Your Insurer

Negotiating a UM or UIM claim follows the same playbook as any injury claim:

  • Send a documented demand letter.
  • Reject the lowball first offer.
  • Counter with evidence.
  • Concede slowly and tie each move to documentation.

Remember that your insurer's adjuster is trained to minimize payouts even on your own policy. Hold firm on your documented value.

Watch for Subrogation and Offsets

UM and UIM claims involve some special wrinkles:

  1. Your insurer may seek to recover from the at-fault driver later through subrogation.
  2. UIM coverage may be offset by what you already received from the at-fault driver's policy.
  3. Some policies coordinate UM and UIM with other coverages.

Understand how these offsets affect your net recovery before you settle.

The Stacking Question

In some states, you may be able to stack UM or UIM coverage across multiple vehicles or policies, increasing your available limits. The rules are complex and state-specific. If you have multiple vehicles or policies, investigate whether stacking applies, as it can substantially increase your recovery.

When to Hire a Lawyer

UM and UIM claims can become complex, and your insurer being on the opposing side adds risk. Consider a lawyer if:

  • Your injuries are serious.
  • The insurer disputes coverage or value aggressively.
  • Stacking or offset issues are involved.
  • The claim heads toward arbitration, which many UM and UIM policies require.

Many UM and UIM disputes are resolved through arbitration rather than court, and a lawyer can be valuable there. Our [attorney guide](/lawyer) explains when to bring one in.

Bottom Line

UM and UIM coverage protects you when the at-fault driver cannot pay, but you negotiate against your own insurer, which is still trying to minimize payouts. Confirm your coverage, meet strict notice deadlines, prove the other driver was uninsured or underinsured, and build your damages like any claim. Stay alert to subrogation, offsets, stacking, and arbitration. Handle these carefully, and you can recover fairly even when the other driver had nothing. For more, see our [FAQ](/faq).

For informational purposes only. Not legal advice. Consult a licensed attorney.

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